why are people being prosicuted then?? If the controller clears you then its ok?? He also knows your a SEP from your RT calls. Sounds like madness to me??!!
No. A clearance is not a legal approval. In principle, it's an assurance of separation from other traffic while you fly a prescribed route and level. It doesn't guarantee that the other aspects of the flight are legal, nor should it -- that's entirely the responsibility of the commander.
(In practice, a VFR clearance into class D doesn't assure any separation at all, but the same terminology is used.)